Threat of life or injury for extortion does not need transfer of property
The Supreme Court held that delivery of property is not necessary to charge a person under Section 387 of the Indian Penal Code, 1860 for “putting a person in fear of death…
Appellate Court Cannot Enhance Sentence
The Supreme Court held that the appellate court cannot enhance the sentence in cases where the appeal is filed by the accused. The appellant trespassed into the house of his…
Courts Must Compare Prosecution and Defence Statements in Cases of Circumstantial Evidence
The Supreme Court held that in cases where a court has relied on circumstantial evidence, it must compare the prosecution’s evidence with that of the defence. Where two views exist,…
Enforcement of PUCL Guidelines not Contingent on Direct Victim Participation
The Supreme Court held that the procedural safeguards laid down in People’s Union for Civil Liberties v State of Maharashtra (2014) for police encounters are binding and must be enforced regardless of…
Union to form a Committee to increase institutional accountability in POCSO Cases
The Supreme Court set aside the sentence awarded to a Protection of Children from Sexual Offences Act, 2012 (POCSO) convict, reasoning that it would cause further injustice to the victim, who was…
Separate Grounds not Required when Arrest is made with Warrant
The Supreme Court held that a warrant is adequate to constitute the grounds for arrest. A reading of the warrant to the detained person is sufficient to satisfy the requirement…
Transfer of Probe to Independent Agency When There Is Custodial Death
The Supreme Court emphasised the need for an impartial investigating agency in cases involving custodial deaths, citing the principle of ‘nemo judex in causa sua’ (‘no one should be a…
Employees Absorbed Post-Merger Entitled to Pension Benefits
The Supreme Court held that employees who are absorbed into a service under the State Government are entitled to pension benefits at par with regular employees, from the date…
Effects-based Analysis Essential to demonstrate violation of Competition Act
The Supreme Court held that volume-based discounts by a market player do not automatically amount to discriminatory pricing under Competition Law. There must be demonstrable evidence of harm to competition.…
Direct Evidence not Necessary to Determine Conspiracy in Terror cases -NDPS, UAPA
The Supreme Court held that physical recovery of contraband is not necessary to determine conspiracy and facilitation of a crime in a narcotics smuggling operation. Harpreet Singh Talwar was accused…